Custody Matters

In cases of divorce, if a couple has a child the term "custody" refers to the parents' relationship to the child or children, and their relationship to each other in that regard. Custody matters are among the most difficult emotional issues divorcing couples confront.

We at The Edmunds Law Firm are compassionate and understanding in these situations and it is our aim to resolve such matters with the least possible amount of emotional pain for the couple and children. The best interests of the child are paramount in defining a solution.

When parents cannot agree on their own regarding child custody, legal intervention helps to resolve issues of legal custody, physical custody and visitation.

Legal Custody

Legal custody may be assigned to both parents, one parent, or, when it is in the child's best interest, to another adult. It includes the right to decide matters such as the child's education, religion and health care.

If joint custody is granted, both parents determine together what is best for the child. Joint custody is a more recent concept, first passed into law in 1973 in Indiana. California initiated joint custody decisions in 1980. Today, all states have joint custody laws. If sole custody is granted, only one parent is responsible for making decisions about the child's health, education and welfare.

Physical Custody

Physical custody determines which parent the child will live with. When one parent receives physical custody of the child, the other parent then has rights of visitation in most instances.

Visitation

When one parent gets physical custody, then rules of visitation are applied, defining when the parent who doesn't have physical custody has the right to visit the child. In some cases of sole custody, visitation may be granted to the non-custodial parent only when the visit is supervised. In other cases, if the court decides the parent might harm the child, the non-custodial parent may have no rights of visitation at all.

Determining Custody

In determining custody, the judge must take into account the child's wishes if he or she is of "sufficient age and has the capacity to reason." The law, however, does not require that the judge abide by the child's wishes. If the judge believes that the child doesn't state his or her true wishes because of unfair influence by a parent, the judge can disregard the child's statements.

When the parents cannot agree on issues of legal custody, physical custody, or visitation, the law requires that they meet with a court-appointed counselor before the legal process to make these decisions begins.

At The Edmunds Law Firm, we have extensive experience handling family law matters such as custody matters and work hard to obtain fair resolutions for our clients. If you are dealing with a custody matter, we can assist you. Contact us to schedule an evaluation of your case today.